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20130422
20130422
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not suit senator lindsey graham of south carolina. >> i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. i believe such a decision is premature. >> joining us now is ari melber, my colleague and co-host of "the cycle," also a lawyer. ari, at least twice mr. graham said the administration's decision to reject enemy combatant status was, quoting him, premature. do you agree with that? >> i don't. it's weird for senator graham to say it. what is premature is try to assert there would be a direct or substantial link between the suspect and al qaeda. that is the legal requirement to take an american away from the civilian courts and treat them as an enemy combatant. i believe senator graham who has a long history on detention issues and was a lawyer, himself, i think he knows that. because he knows that, he knows he is premature to suggest this when no reliable source and nobody in the government -- >> certainly not yet. >> -- has met that standard. >> let's listen to what senator graham said was his reason for using
brings me here today is i have been informed that the obama administration has indicated this suspect in boston will not be treated as an enemy combatants. i strongly disagree with the obama administration's decision to roll out and in the combat the status for the suspect at this time. i believe such a decision is premature. it is impossible for us to gather the evidence in just a few days to determine whether or not this individual should be held for questioning under the law of war. the decision by the administration to try this individual in federal court is a sound decision. it is the right decision. military commission trials are not available in cases like this. i wrote the 2009 military commission act. i have been the judge advocate for over 30 years, along with the help of many colleagues. we created a system for foreign terrorists. we purposely excluded american citizens. i have all the confidence in the world in article 3 courts at the federal level. they do a terrific job. i have confidence in our military commissions system. the decision by the administration not to proce
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